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Akilah Obviously Loses Sargon Case
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- Опубліковано 5 лют 2020
- Music: www.purple-planet.com
Podcast: • Sargon’s Case, Impeach...
In this video I discuss the recent dismissal of the copyright case filed by Akilah Hughes, (Akilah Obviously) Against Carl Benjamin, (Sargon Of Akkad). I explain not only why Carl won, but why I knew if he contested the case he would win based on my initial legal analysis of his case
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1st Video: • How John Oliver can sa...
Sources:
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Akilah Video: • Video
#SargonVAkilah #FairUse #IamSean90
FAIR USE NOTICE
This video may contain copyrighted material; the use of which has not been specifically authorized by the copyright owner. We are making such material available for the purposes of criticism, comment, review and news reporting which constitute the 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. Not withstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work for purposes such as criticism, comment, review and news reporting is not an infringement of copyright.
“Im suing a grown man named Sargon” - A grown woman named *Akilah*
😂😂😂
Obviously
I was looking for this comment so I didn’t have to write it 🤣
“Obviously” not a child
all I thought was, "how does his identity make any difference to your case?"
Akilah is about to file for bankruptcy, obviously
If she has any money to begin with.
She isn’t. She just had a book published by a major publisher and got a good advance.
🤣🤣🤣🤣🤣
@@brandyandcream2 That will help cover the attorney & court fees owed to Sargon. :)
“ Akilah obviously loses her cases “ double entendre.
Elizabeth Dude stfu
I like balls
@@megahunterkiller *Why don't you go first?*
You should do a little more celebrating when you're this right. Pop the champagne, Sean! 🍾 It's well earned.
Especially since unlike Sargon, I didn't spend 10's of thousands fighting it
@@ActualJusticeWarrior Man it sucks our legal system is so expensive
@Sans Handlebars Yeah, Sargon is already on the cusp of being a Libertarian. We need Sean to just give him a little push.
Sean, befriend Carl. He'll talk to anybody on Facebook. Hell, he was gonna drop in on my husband's band's podcast, before we had to stop to focus on the double album we're working on, and we had like 50 subs and had only done a few podcasts.
Coffee and Nuance I love both of your channels! You guys might not know how relieving it is to know there are still at least some people who are trying to think clearly. It means a lot.
@@ActualJusticeWarrior I just watched one of your really old videos. You were happy as a lark to get 1300 subs. I might get one of those dank tees.
Update: He's suing her for $40k in attorney fees now.
He should also sue for punitive damages of at least 1 million.
Update: he won
Hope he won
@@jeremydennard6992he did
It’s fascinating seeing these types of cases where the Court actually applies the law in their rulings after being in family court for several years. Matrimonial judges seem to use the law as a suggestion rather than a requirement, often determining the law isn’t applicable when it would benefit a child’s father.
thats a great point, and thats why its important to get involved in local politics.
Unfortunately the law IS a suggestion in family court. Due to the complex nature of individual families judges are given immense power to disregard what the laws say, if they deem it in the best interest of the child.
It’s a good thing that’s being used very poorly. Trying to apply a law to all families regardless of context or situation would be ridiculous.
e13kid
Hmm, those same laws seem to be applied disproportionately to the detriment of men. That’s the point here. It’s not being applied or given an interpretation that benefits fathers very often...odd that.
Like I said, it’s a good thing being used very poorly.
"On gun safety, Mike will get it done."
You can't bring guns here, Mike said so.
Attempted shooter: Darn, foiled again! Curse you, Mike Bloomberg!
Fuck that billionaire tyrant.
I've just started asking to not be shown any of his ads when I get one
I wish they would give you some more options for why you don't want a certain ad, though. Something like "I don't like the person/group behind the ad"
I am happy for Mike Bloomberg to waste his money trying to convince me "muh guns are bad"
@@joshhahn9545 That money could go towards feeding children. Fill their bellies with food, don't make gun free zones where it's easier for them to be filled with lead.
@@dolphinboi-playmonsterranc9668 I agree but Bloomberg isn't going to do those things with his money. So I am happy to let him waste it trying to convince me and others like me so that he doesn't spend it elsewhere and convince some gullible fool that gun control is a good idea.
I forgot Akilah's channel was called 'Akilah Obviously' and now the title reads slightly differently but still has the exact same meaning.
orbojunglist it’s almost like the title was intended to do that.... hmmm
@@center5150 obviously...
It doesn’t seem that hard to disprove, IDK why everyone said he was going to lose.
That's why I made my first video, it's baffling how many people just didn't read or don't understand Fair Use law.
I can't guess as to the naysayers (idk, bias?) but I'm willing to bet she thought he'd not want to fight through the years in court, have to hire a lawyer, and so on, so he'd settle and give her a little dough.
I actually need to look up some copyright law too, and see how it applies to sampling soundbites in music. I manage my husband's band, write the lyrics and messaging, and come up with a lot of the song concepts and structures, and make the album covers, and tell them to get off their lazy asses and record, and plan out vocal melodies, and actually brought the band members together, because my husband needed a bassist, a lead player, and a drummer... and he still thinks it's 𝘩𝘪𝘴 band, and he's gonna keek right on thinking that, because I just want another canvas for my various arts (Writing, the visual arts, philosophy,, etc.), with my favorite genre of music, old school, "the 80's are back, bitch" style technical thrash metal, and the spotlight isn't for me outside of a lecture hall. Anyway, I have a lot of visions for places where a movie or TV show quote would be amazing. I need to learn the legality of it.
Expect much freedoms. Very liberty. Such dead meme.
Buy yeah, we're a bunch of Libertarians and our very band name means "killing government". I see no way this could ever go wrong.
AS far as the Left is concerned, idealism does that. It's not hard to prove a lot of truths that progressives refuse to believe. But they'll still carry on as if they're right and you're wrong.
Btw, did you know he's got a daughter now, too? Carl is single handedly bringing Britain's birth rate back up at this rate. He's bolder than I am. I'm gonna do like my half sister did, have one child (Due to a genetic condition, having a baby could yeet me into the cold, uncaring void of oblivion, so we will have to get a surrogate, and like hell are we paying two or more surrogate loans. Looking at CRISPR trials and similar tech to hopefully make sure that I don't pass the autosomal dominant disease gene down, because, while being able to do contortionist tricks that even gross out doctors and nurses is cool, Ehlers-Danlos is overall a bitch of a painful ass syndrome to have.), and pour everything into making that child to make it the optimal human, like my grandmother did for me. Oh, she shuffled off this mortal coil when I was 13, so that explains why I am quite suboptimal.
Sorry if this is ranty. Hubby is a trucker and I am very bored, but can't sleep.
@@toxogandhi yours has to be the best microbe pun I've ever read and the funnest/most surprisingly emotional comment I've ever seen in UA-cam. You deserve an award crab, so... Here:
(V);,,;(V)
A grown woman named "Akilah Obviously", ridiculing the youtube name "Sargon".
At least Sargon didn't transform into a weasel like H3H3 did.
I'm not sure if he was among those wrong about this case too. But the analysis of this on the platform was severely lacking.
Congrats on being an intellectual bad ass
Thanks
Great work both times around. Long wait for a resolution here but worth it. For everyone except Akilah, obviously.
Almost 3 years on a nearly 4 year old video. Legal system is crazy
@@ActualJusticeWarrior At least it wasn't a criminal case, where the right to a speedy trial would factor in. How much legal frivolity do you suppose ended up slowing this down?
I didn’t know the woman’s name before seeing this video, so I thought you were saying she obviously lost the case.
High level double meaning
Trump is using Don Lemon in his add lol. Who would have thought that people don't like being talked down to?
H3h3 "donate and we'll help other youtubers" never does and buys 4 million dollar house.
Literally lmfao
The H3H3 case was cited in the ruling as precedent. It literally helped in this case!
@@prixat no matter how true, thats irrelevant from the point the oc is making.
@D G Please source those claims.
@D G Brought the receipts! I have never understood why anyone liked H3H3, every time I check out one of his vids I turn it off thinking, "Yep, dude's still an idiot."
Not only was Akilah OBVIOUSLY not understanding what copyright infringement is... but her lawyer wasn't very bright, either.
7:59...you've definitely upped your audio quality. It's been very good lately.
Thank you, new mic makes all the difference, also my old videos are needlessly vulgar
What a massive waste of money this was. She should have to pay all his money back
Oh, how it must've hurt when she found out her own name is a double edged sword.
so let me get this straight, she thought hillary was the winner... and last. Then Sargon roasts her for being wrong, and she sues him thinking shes right...and again... shes wrong? How bloody ironic.
It was so obvious that sargon was going to win. And everyone I saw at the time felt the same way. Anyone who reads the definition of fair use knows it too because it lists examples like commentary, editing, opinion, information, etc. Sargon fit at least 3 or 4 of the examples that are listed in the actual definition. I thought this was blatantly obvious but evidently some people thought akilha had some kind of case? Lmfaoooo
Obviously! lol
Hahaha, a woman named Akilah is trying to make fun of the name Sargon. This woman truly has no awareness of reality.
They sure do love free stuff, in London we had a hoard of them appear when free water was being given to marathon runners, it looked like a 3rd world food drop.
Facts
MUST WATCH : WHAT THE MSM IS HIDING
COLIN FLAIRHITY
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If any 1 says immigration is a good thing send them this link
my favorite story of a fair use misstep was the Nation magazine publishing excerpts from Gerald Fords book before it was published. problem was they published the juiciest bits about Watergate and Ford's decision to pardon Nixon. they claimed fair use since Ford was a public figure and it was in the public interest. but since they clearly published the part most people wanted to read they got got.
You can't claim 'fair use' if it hasn't been published yet.
I watch all UA-cam videos on 2x speed
1.5 for me. UA-camrs all talk so fucking slow.
Omg this is amazing I can watch more videos now
Time is money!!
i watch at 0.5 so the small amount of good content on youtube lasts me longer.
Wow this is actually way better if you put him at 1.5
Having been sued by stupid people that were spending lots of money they were never going to have I do love this one, Kiddo.
My biggest worry was that Sargon would get a boomer judge that didn't understand how the internet worked but from Leonard French's reading of the judgement it's clear that he indeed knew his stuff. So good on him! I also think where Akilah really lost the audience was when she took jabs about his kids.
Oh em goodness, finally someone else acknowledges that Akilah wasn't wrong to ignore the claims of "Sargon has children." If you believe someone has broken the law, them having kids is irrelevant.
Thanks again for sharing your hard work
I had already seen a bunch of videos on this subject (including Sargon's of course) and I'm still glad I watched yours because of the your expertise in law. Your law related content is usually some of your best one imo.
5:03 nobody was/is claiming that having children absolves someone from wrongdoing - this point was brought up because people thought Akilah was making a clear attempt at a vindictive, unreasonable cash grab ($40k+) and was apathetic to what that could do to the target of this cash grab. She was weaponising copyright law and these assumed motivations were confirmed by her behaviour throughout the trial where she boasted about taking his money and getting his patreon shut down etc.
Akilah bought this criticism on herself, this was NOT brought up as a defense of what Sargon did.
EDIT: right after this bit you go through the vengeful attitude she showed, can you not put two and two together here?
I love the UA-cam history on this. Thanks!
I'm curious how that law guy youtuber was wrong about this. Copyright law has a pretty basic tenant: if the average consumer looks at both pieces of work, can he tell they are different in nature and not the same. I think ppl really have no clue how copyright law works. As an attorney, I don't practice copy right law, but I've dabbled in it during law school. There is literally a case where the protagonist name in two books is virtually the same, they are both vampires, have the same powers, and their origin stories are extremely similar. This did not violate copyright law because the broad similarities are easily distinguishable once you get into the work. You must look at the work as a whole to determine its feel and see if its substantially similar to the alleged source material. Only the expression of the idea is protected, not the idea itself.
I'm kind of surprised at how you hit the nail directly on the head. Clearly, some basic googling is as good as a law degree lol
@Harvey Dustin No, that's making a derivative work because you're taking the expression of the idea and stealing it. However, you could use the name Frodo for a hobbit from middle earth and have him go on his own wacky adventures, but he cannot have the adventures of Tolken as his back story because the idea was already expressed.
The vampire example was to show that the idea of a vampire protagonist is not copyrighted, but the expression of the vampire protagonist is. Thus, using a similar character is not copy right infringement as long as that character is expressed in different ways. The simplest example is the makers of superman tried to sue different superhero makers that had similar powers. While superman is unique and has his own abilities, his creators only have his specific expression copyrighted, but not the ideas of a superhero who can fly and have super strength.
Copy right has to strike a balance. You have to protect the owner of created works becusse they should be entitled to what that work makes. However , you dont want to stifle innovation and prevent other people from making new works. This is why I said the specific expression is protected, but the underlying idea is not. With your example, the specific expression within Tolkien's work is protected, but anyone can make a hobbit named frodo and give him his own zany tale. Its when you steal from Tolkien's expression of a hobbit that you infringe on his copy right. None of this is to serve as legal advice, just an example of how Sargons video was easily outside the bounds of copy right because his expression was entirely different than the original video.
I'm still amazed that anyone was so confident that Akilah would win. Like they clearly don't know what copyright laws and fair use exists for. They just see content being used elsewhere and think it must be protected by copyright law.
No copyright law exists to protect your work from being reproduced in a manner which creates a market substitute. Not only can you not watch Sargon's video and get the same message as you would have from "We thought should would win", but it's also clearly targeted at a different audience(which was parroted in the court case by the judge).
Fair use laws exists to enable people to express themselves freely, aswell as for nonprofit education. In this case Akilah herself admited, not only on UA-cam and Twitter, but IN THE ACTUALY COURT CASE, that Sargon's video's purpose was to demean her. She kinda swept away the only leg her case could have tried to stand on.'
Now that are four factors involved in determining if something is fair use that I won't dive into. But in the court Sargon won on all grounds. Akilah had no basis to claim copyright infringment, and anyone who read the law knew that. It's clear that Sargon's video followed the spirit of both copyright protection and fair use completely. I'm geneuinely baffled that people are so stupid they just see someobdy elses copyrighted work in a video and think it has to be copyright infringment, as if this hasn't been the case for over a decade on late night TV and half of UA-cam.
UA-camr Law got it right, what I got from his videos about the case is that Akilah would lose.
also the point of sargon video is not about the wrong predictions about 2016 election. it is about what akilah said about dividing people and then encouraging people to be divisive by calling out their family members on political opinions.
That's what I took from his videos
Y’all, Akilah’s younger brother is Juicy Smollet. This has been hidden for a long time but recently revealed through a court document which showed that Juicy Smollett is a stage name and shares the same last name as his biological sister Akilah. Those that seek advancement through deceptive wrongful ways will always end up falling from grace.
*Well, I feel vindicated as well! As a mere para, I had bunches of people telling me I was analyzing it incorrectly - but when the opinion was published, it was exactly the logic I had laid out, and exactly the decision I predicted. Maybe I should go back to school and finish that law degree? :-/*
*By the way, having arguments in your petition which are contradictory is normal and expected. The "alternative theories" presented for relief do NOT have to agree with each other, and they can even be mutually exclusive. It's just covering all possible bases, just to be sure, and is the mark of a careful attorney.*
Copyright laws should be changed anyways. The copyright lasts 70 years after the death of the last surviving author. Now that's the problem with the "CAPITALISM," actually that has nothing to do with the capitalism but it is more defined as "Crony Capitalism."
Sean...How you don't have PewDiePie level subscribers is one of the worlds greatest mysteries.
Love the Wolfram and Hart t-shirt!
Where did you get it?
She thought she was going to win.
I love a good cup of irony in the morning.
She did it for the money, obviously
I freaking Love Your Content... Thank You.
Thank you
She explicitly stated she wanted to see his kids starve.
I hope she remembers that as her parents starve and I laugh at the thought.
How the hell can can someone like Akilah have over 150 000 subs? Her videos don't have a lot of views when looking at her channel.
look at her video info. she's one of those corporate sponsor and approved 'youtubers'
@@PERSONAfan01 I wonder if a big portion of her subs are fake accounts.
People trying to be woke af but never watch because secretly they dont like it.
UA-camr Law was the channel I'd gone to in order to get my information in how things could play. I was fairly confident that Sargon was in the clear when the differences between Sargon's method and that of H3H3 were laid out for me.
Good video dude. The political YT space benefits from having voices like yours add more rigour to the discussions.
"The Winds of Winter, George RR Martin's upcoming book"
WHEN SEAN? WHEN???!! 😭
Is that a Wolfram and Hart shirt from the Angel show? Nice!
Yes, & thank you
The judge mentioned Jon Stewart and said it was quintessential fair use. She still carried on to the point that her original lawyer quit
Thanks for the video. I like how you present, and explain things.
Sean, you and Carl Benjamin should do some long-form conversations. It'd be very interesting, I would think.
I met him once at an event but didn't get a lot of time to chat with him
The reason wasn't because of the h3 case, the reason is because youtube policy when dealing with fair use has been generally translated to creators to be, you must add commentary and use less than 20%? some number of the original work. This idea has existed for much much longer in the heads of youtubers than h3, and this idea is essentially the reason why so many people failed to get it right. A lot of people naturally assume that if there is a law for something, and then there is a practice for something, the general practice that you observe people doing must be the law. But obviously youtube's practices and what the law are is disimilair, for the obvious reason that there is no way for youtube to understand that something isn't copyright by the reasons Sargon used in this case. If there's no commentary, how could youtube know how long the orginal work is? If there's no commentary, how could youtube know the express purpose of a video, something that requires high level understanding of several different subjects. Ai is improving and maybe one day it could get close to this, but for now and especially back then when these policies were being set, ai is incapable of sorting out these kinds of protections, and so the pratice exists not because of the requirements of the law, but out of the practicality of being able to enforce the law on a mass scale.
Great work on this (and the prior) video.
My grandfather once said “around blacks, NEVER relax”
So true to
This day. He was such a good man. God bless grandfather
Race has no thing to do with it moron.
Not gonna lie you could probably start writing Winds of Winter from scratch now and still finish it before GRRM does.
Hey Sean I wish you could do a video on the Central Park five. If you haven’t already or if somebody knows if he did it let me know.
AJW: "...A bunch of tweets from Akilah on screen..."
On screen: YT comments
Me: same kinda trash fire
The real irony is that she didn't get the point of the video.
Akliah was very self righteous and very arrogant. This seems to be very typical for a certain kind of people.
Can Sargon now counter sue for damages?
Idk why Sean keep beating around the bush. He says Sargons video is “marketed” toward libertarians and conservatives while Akilah’s is marketed to SJWs. Just be real, the sole purpose of Sargons video was to mock SJWs and relentlessly drag Akilah lol. Anyone who agreed w/ or enjoyed Akilahs video would hate Sargons. So it couldn’t possibly be theft
Wow you broke this down vary well thats a sub.
The reason so many people incorrectly applied the other youtube case is because people are morons. Akilah "obviously" had no case. Your positions are the product of a formally sound methodology, one I also employ. Keep up the good work, and if you ever want to get an actual attorney's perspective just let me know.
I didn't know people thought Sargon would lose. Akilah and her case seemed shallow.
I just really enjoy ur logic and how u lay ur thoughts out straight to the point. Keep it up bro!!
Mythinformed... The constant bullying of Mike Tyson HAS TO STOP!
From the case document: "Benjamin is 'publicly known for his provocative style and strongly-held beliefs against liberal social and political stances."
Am I missing something? What definition of 'liberal' are they using?
They use liberal like progressive, & Libertarian like Liberal
Having children does not absolve you from crimes no, but details matter. This would have been a crime on a technicality, and the pursuit of "justice" in this case was obviously not based on any sense of justice, but on a petty sense of revenge. That matters, it means that Akilah would have been legally in the right, but not morally.
Akilah was not going after Sargon because she was financially harmed by him infringing on her copyright, we all know that, but because she did not like him making fun of her. However, that's not what the lawsuit is about, which means saying "don't do the crime" isn't a fair defense, because what he did, isn't what he's being accused off.
I think being this petty towards a father is absolutely a fair thing to judge her character on and to shame her for. It's a classic case of could vs should.
I'm really enjoying your content. Great job going into more detail than Sargon did about the case.
I'm sure I could have read the documents somewhere, but what do you think I am, some kinda nerd?
I will definitely check out the podcast when I get the chance
Cool cool,
Sean whatever happened to your bunny mask intros??
I dont get how people were using the h3h3 case to say that sargon didnt have a case. To me, the h3h3 case only supports the claim that sargon would win. Thats what I thought way back in 2016/17 too. People are weird lol
They just read or heard about the commentary portion & assumed that was the only aspect of the law
Is that a wolf,ram and hart shirt like from the spinoff Angel?
Yes
So when is she going to pay him all that money she owes him for legal costs and court fees?
Wow! Sean was a total Chad back in 2017. What happened?
Haha awesome! Glad that devil woman is getting worked over.
You are right about the nonsense over whether someone has kids. That fact should make no difference in a legal case. Google Serial killers and you'll see plenty of them have kids.
The issue was how Akilah handled herself. She did it solely for money, not because it was a real issue. Serial Killers is a REAL ISSUE. Being a butthurt gold digger IS NOT.
Akilah Obviously needs better legal advice.
.
.
.
.
J/K, she OBVIOUSLY was just abusing the legal system to force Sargon to spend money on a legal defense. The was nothing but a nuisance suit.
Having a kid when you are breaking the law by coming to America illegally does factor into your things and in a good way for them.
There are a lot of reasons to dislike Sargon and there are a lot of reasons to like him, but you cannot deny his consistency when it comes to fighting for free speech and logically wrecking SJWs.
So what youre saying is......"IM BETTER THAN YOU!"?
Knew it
This is exactly why I watch this channel
Is she already crying racism and patriarchy?
I would like to see you on Viva Frei's channel.
Damn well that took a while lol.
I'm hungry and forgot my wallet.
Sargon looks like an applebees waiter
Dead meme
I that an Angel shirt!? Thats badass
Yes! I was specifically down here in the comments seeing if anyone else noticed. I noticed right away because I own that shirt. :D
I saw your speech at the education conference thing. 😃
Perfect name for a channel
UA-cam thinking one size fits all? Get outta here!
Was this case handled in England or America?
America.
Ah yes i remember that video [sjw levels of awareness]. I became aware that My blood pressure levels skyrocketed from the extraordinary amounts of salt coming from that wahmans cheap progressive processed ideological nonsense of a belief system
Thankyou for your videos. I live in Scotland but only hope someone like you evaluate the whole situation. Thankyou for your videos as you give all sides. We live in a state that if you say anything wrong we can loose our jobs... I am not so good in english but focusing on Sargon we can prove we do not have freedom of speech. Luckily my company is self funded so I do not need to worry.... But I've lost work from pc lefties.. I try to write this best in English but sargon risks so much simply for speaking out.. We can loose everything.
Is there a link to Sargon's Channel?
ua-cam.com/channels/itU2-w3XE8ujvUZjcAnhIg.html
@@ActualJusticeWarrior Thank you.
Did he just make a 15 min video to say "boom fucking told you so"
Fact check: True
She could never call herself Akilah Logically.
Can you do a video shitting on Sam sedar? He’s probably the only one who is as bad as Anna and would love seeing content shredding him.
You know, they keep the word "progressive", but I do not think they actually know what that word means.
Why did the British youtuber have to go to court in the us